California Extended Producer Responsibility Regulations Challenged in Court

Short summary

Environmental groups filed suit challenging California's plastic producer responsibility regulations under SB 54, alleging the final rules are inconsistent with the law and insufficiently protective of the environment. Key disputes involve hazardous waste definitions, exclusion of chemical recycling, and end-market viability requirements. Similar EPR program lawsuits are spreading across states, creating compliance uncertainty for manufacturers.

• •NRDC, CAWF, and Oceana challenged CalRecycle's final SB 54 regulations on substantive and policy grounds
• •Petitioners argue CalRecycle failed to explain exclusion of chemical recycling or justification of hazardous waste definitions
• •Trend of state-level EPR program challenges is creating practical and legal complications for producers nationwide

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